EEOC Again Updates COVID-19 Guidance To Address Antibody Testing

Volume: 19 | Issue: 34

June 18, 2020

On June 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued another update to its COVID-19 Guidance to address antibody testing (at Question A7). The EEOC takes the position that the Americans with Disabilities Act does not allow employers to require antibody testing before allowing employees to return to work. The EEOC stresses that a COVID-19 test to determine whether someone currently has the coronavirus is permissible, while a test to determine whether someone has antibodies to COVID-19 is not permissible. 

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